Playboy Claims Ecommerce Operator Reneged on Contract

CHICAGO — Playboy has filed suit against eFashion Solutions, the company it farmed out its ecommerce retail operations, claiming it breached its contract when it canceled website-management obligations for Playboy.com.

Playboy said that because of eFashion’s termination of the contract just three weeks ago, it has put the adult entertainment giant’s online merchandising operations in jeopardy.

The cancellation of the contract was made after a June 1 dinner meeting between eFashion CEO Edward Foy and Scott Stephen, executive vice president and general manager of Playboy Digital, who is responsible for Playboy’s ecommerce and catalog businesses.

In the suit, Playboy said that eFashion has repeatedly failed to honor its end of the deal, which encompassed ecommerce sales of Playboy-branded fashions, calendars, DVDs, jewelry, collectibles and back issues of Playboy magazine, as well as select non-Playboy-branded products.

Secaucus, N.J.-based eFashion promotes itself as “a leader in ecommerce operations for designer, luxury and celebrity fashion brands.” It operates sites for DKNY and New Era.

Foy, according to the suit, said he canceled the contract because Playboy hasn't lived up to its part of the deal. No other details were mentioned in the suit.

Playboy said in the suit that the eFashion deal, which began in January 2008, has been a nightmare for the company from the get-go.

“Despite providing eFashion with over $13 million in financial concessions for which it was obligated under the license agreement, and Playboy’s sincere efforts to foster the relationship of the parties, eFashion has anticipatorily repudiated the [deal],” the suit said.

“These businesses generated nearly $17 million in annual revenue before eFashion took them over but have been reduced to approximately $4 million-$5 million under eFashion’s operations, as Foy admitted to Stephen at the June 1 dinner."

Playboy contends that just six months into the deal, eFashion wasn’t meeting its numbers, and later the company branded it "underperforming."

As a result Stephens met with Foy who requested, among other things, that Playboy significantly reduce the minimum royalties required under the license agreement and effectively eliminate eFashion’s financial commitment to Playboy’s catalog business.

Foy, the suit said, complained of the financial commitment of $4.4 million for the catalog, and later Playboy ultimately agreed to reduce eFashion’s financial obligations to the catalog business.

Playboy said other obligations also were reduced and that eFashion effectively received a $13.7 million financial relief, in addition to the $4.4 million.

“Despite the many concessions that Playboy made to demonstrate its commitment to eFashion, even in the face of eFashion’s substandard performance and misrepresentations, eFashion again failed to fulfill its obligations,” the suit said. “Indeed, eFashion has failed to pay the amounts due Playboy under the amended license agreement for the first quarter of 2009.”

Playboy, in the suit filed at U.S. District Court in Chicago, is seeking damages from the alleged breach of contract.

XBIZ was unable to reach Playboy executives and eFashion’s CEO for comment after normal business hours on Friday.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

XBIZ Expo Pleasure Product and Retail Show Website Goes Live

The event website for the XBIZ Expo pleasure product and retail trade show is now live.

Sportsheets Debuts 'Peaches 'N CreaMe' Training Video

Sportsheets has released its latest training video, titled "Peaches 'N CreaMe," the first in a series hosted by Brand Ambassador Rin Musick.

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Kink's Closet Releases New Collection

Kink's Closet has released its latest collection.

Eldorado to Host 'Virtual Elevation' Webinar With COTR

Eldorado Trading is hosting a private "Virtual Elevation" live webinar for retailers with COTR Product Education Director Tracy Felder on July 23 at 10 a.m. PDT.

Kinkly Partners With Sex.com for Branded Items

Canada-based sexual wellness information site Kinkly has partnered with Sex.com to offer a selection of 20 exclusive branded items, including fashion pieces and accessories.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Champs Hires Joe Prestia as Senior Account Manager

Champs Trade Shows has hired industry veteran Joe Prestia as its new senior account manager for adult boutiques.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Show More